Quantcast
Connect with us

Bush torture lawyer Yoo granted immunity from Padilla lawsuit

Published

on

John Yoo, a former Department of Justice attorney who crafted legal memos authorizing the Bush administration’s notorious torture programs, will not have to face a lawsuit filed by Jose Padilla, an American citizen accused of terrorism who claims he was tortured while in U.S. military custody.

In a unanimous decision (PDF) Wednesday, three judges with the Ninth Circuit Court of Appeals ruled that Yoo should be granted immunity because torture law was not fully settled in 2001-2003, when Yoo wrote the memos.

ADVERTISEMENT

“[Although] it has been clearly established for decades that torture of an American citizen violates the Constitution, and we assume without deciding that Padilla’s alleged treatment rose to the level of torture, that such treatment was torture was not clearly established in 2001-03,” Judge Raymond C. Fisher wrote.

“For several years, Padilla and his attorneys have been harassing the government officials he believes to have been responsible for his detention and ultimately conviction as a terrorist,” Yoo told The Associated Press. “He has now lost before two separate courts of appeals, and will need to find a new hobby for his remaining time in prison.”

Padilla’s attorney claims that while in U.S. custody after returning from Egypt, his client suffered “extreme isolation, sensory deprivation, severe physical pain, sleep deprivation, and profound disruption of his sense and personality, all well beyond the physical and mental discomfort that normally accompanies incarceration.”

Such treatment bears the hallmarks of harsh interrogation techniques approved by then-Defense Secretary Rumsfeld and used by interrogators of other enemy combatants held at the Guantanamo Bay and Iraqi prisons.

ADVERTISEMENT

Padilla was initially arrested in 2002 and charged with helping foster an al Qaeda “dirty bomb” plot, but he did not face any charges during the three and a half years he was in military custody.

When Padilla finally was indicted, the “dirty bomb” plot was not even mentioned. Bush officials instead charged him with participating in a terrorist conspiracy to “murder, maim and kidnap” people in Afghanistan, Chechnya, Bosnia and other countries from 1993 to 2001.

ADVERTISEMENT

Padilla was finally handed a 17-year prison sentence in 2008, although prosecutors had asked for life. The judge in that case noted there was no evidence that Padilla had ever maimed, murdered or killed anyone.

Photo: Shutterstock.com, all rights reserved.

Enjoy this piece?

… then let us make a small request. Like you, we here at Raw Story believe in the power of progressive journalism — and we’re investing in investigative reporting as other publications give it the ax. Raw Story readers power David Cay Johnston’s DCReport, which we've expanded to keep watch in Washington. We’ve exposed billionaire tax evasion and uncovered White House efforts to poison our water. We’ve revealed financial scams that prey on veterans, and legal efforts to harm workers exploited by abusive bosses. We’ve launched a weekly podcast, “We’ve Got Issues,” focused on issues, not tweets. And unlike other news outlets, we’ve decided to make our original content free. But we need your support to do what we do.

Raw Story is independent. You won’t find mainstream media bias here. We’re not part of a conglomerate, or a project of venture capital bros. From unflinching coverage of racism, to revealing efforts to erode our rights, Raw Story will continue to expose hypocrisy and harm. Unhinged from billionaires and corporate overlords, we fight to ensure no one is forgotten.

We need your support to keep producing quality journalism and deepen our investigative reporting. Every reader contribution, whatever the amount, makes a tremendous difference. Invest with us in the future. Make a one-time contribution to Raw Story Investigates, or click here to become a subscriber. Thank you. Click to donate by check.

Enjoy this piece?

… then let us make a small request. Like you, we here at Raw Story believe in the power of progressive journalism — and we’re investing in investigative reporting as other publications give it the ax. Raw Story readers power David Cay Johnston’s DCReport, which we've expanded to keep watch in Washington. We’ve exposed billionaire tax evasion and uncovered White House efforts to poison our water. We’ve revealed financial scams that prey on veterans, and efforts to harm workers exploited by abusive bosses. We’ve launched a weekly podcast, “We’ve Got Issues,” focused on issues, not tweets. Unlike other news sites, we’ve decided to make our original content free. But we need your support to do what we do.

Raw Story is independent. You won’t find mainstream media bias here. We’re not part of a conglomerate, or a project of venture capital bros. From unflinching coverage of racism, to revealing efforts to erode our rights, Raw Story will continue to expose hypocrisy and harm. Unhinged from corporate overlords, we fight to ensure no one is forgotten.

We need your support to keep producing quality journalism and deepen our investigative reporting. Every reader contribution, whatever the amount, makes a tremendous difference. Invest with us in the future. Make a one-time contribution to Raw Story Investigates, or click here to become a subscriber. Thank you.



Report typos and corrections to: [email protected]. Send news tips to: [email protected].
READ COMMENTS - JOIN THE DISCUSSION
Continue Reading

Breaking Banner

Black woman reveals how Trump is ruining her marriage: ‘My white Republican husband is starting to hate me’

Published

on

A black woman revealed over the weekend how President Donald Trump and right-wing media are straining her marriage.

In a Twitter rant on Saturday, a woman going by the name Glass Butterfly hit a nerve by starting a discussion about the challenges of interracial marriage in the age of Trump.

"My white Republican husband is starting to hate me because the longer we live through this administration the 'BLACKER' I become," she revealed. "Any interracially and opposing politically affiliated couples going through this? Like...I have NO idea how to balance who we are..or are becoming."

Continue Reading

Breaking Banner

Lawmaker Rashida Tlaib calls for boycott of Bill Maher’s ‘Real Time’ over Israel comments

Published

on

Rep. Rashida Tlaib, D-Mich., suggested a boycott against HBO host Bill Maher after he denounced the international movement to boycott Israel as a "bullshit purity test by people who want to appear woke but actually slept through history class."

This article first appeared on Salon.

"Maybe folks should boycott his show," Tlaib wrote in a tweet on Saturday. "I am tired of folks discrediting a form of speech that is centered on equality and freedom. This is exactly how they tried to discredit & stop the boycott to stand up against the apartheid in S. Africa. It didn't work then and it won't now."

Continue Reading
 

2020 Election

GOPer Joni Ernst booed and peppered with questions about guns at tense Iowa town hall

Published

on

In videos uploaded to Twitter, Sen. Joni Ernst (R-IA) received a chorus of boos and shouts from a town hall crowd after she tried to blame mass shootings on mental health issues, with one person shouting, "Do something!"

According to a report from Iowa Starting Line, the embattled Iowa Senator whose approval numbers have dropped, due in part to President Donald Trump, was pressed by one local teacher about changing gun laws so she can get back to the job she was hired for.

Continue Reading
 
 

Thank you for whitelisting Raw Story!

As a special thank you, from now until August 31st, we're offering you a discounted rate of $5.99/month to subscribe and get ad-free access. We're honored to have you as a reader. Thank you. :) —Elias, Membership Coordinator
LEARN MORE
close-link
close-image